LeverGunFan
New member
MG, aren't there two court actions going on here?
1st - emergency motion by the state for a stay pending appeal
2nd - appeal by the state to overturn the decision by Judge Benetiz
It seems likely that the 9th en banc panel will grant an indefinite stay, pending the outcome of the appeal. Clearly the 9th did not want the three judge panel to allow the ruling to go into effect for any length of time while the appeal process works through the courts.
Currently the appeal is scheduled for appellant brief on November 21st and appellee brief on December 21st. So the appeal process will drag out into next year, while the stay remains in effect.
1st - emergency motion by the state for a stay pending appeal
2nd - appeal by the state to overturn the decision by Judge Benetiz
It seems likely that the 9th en banc panel will grant an indefinite stay, pending the outcome of the appeal. Clearly the 9th did not want the three judge panel to allow the ruling to go into effect for any length of time while the appeal process works through the courts.
Currently the appeal is scheduled for appellant brief on November 21st and appellee brief on December 21st. So the appeal process will drag out into next year, while the stay remains in effect.